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Amendment One North Carolina: Anti-Gay Marriage Measure... - 5/8/2012 7:12:41 PM   
kalikshama


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Status: offline 		What are the ramifications of NC not recognizing same sex marriages and civil unions from other states?

http://abcnews.go.com/blogs/politics/2012/05/amendment-one-north-carolina-anti-gay-marriage-measure-passes/

A proposed amendment to North Carolina’s constitution which would make marriage between a man and woman the only legal union recognized by the state has passed a statewide vote, the Associated Press reports.

The referendum- North Carolina Amendment One- goes a step beyond outlawing same-sex marriage, which was already illegal in the state. The law decrees that “marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State”- meaning that civil unions and potentially other types of domestic partnerships will no longer be legally recognized.

With a little over 43 percent of precincts reporting, support for the amendment was strong- with about 61 percent of North Carolina voters casting their ballots in favor of the amendment, and roughly 39 percent voting against it.

There is some uncertainty among legal scholars in the state as to the extent of the law, and what types of partnerships might be affected, as the terminology in the amendment- domestic legal union- has not appeared in North Carolina statutes previously.

“The language ‘domestic legal union’ is not used in North Carolina statutes or in North Carolina case law,” said Jean Cary, professor of law at Campbell University in Raleigh, N.C., “so it is totally undefined.”

North Carolina had previously been the only Southern state that did not have a constitutional amendment banning same-sex marriage. Some 29 states already have statutes or constitutional amendments outlawing same-sex marriage. Additionally, in Hawaii, the state legislature has the power to define marriage, though the state does not currently explicitly ban same-sex marriage. North Carolina will now become the 30th state with such a law. Same sex marriage is currently legal in six states, plus Washington, D.C.

The passage of Amendment One is not necessarily a harbinger of bad things to come for Obama and the Democrats in the fall. This type of legislation has not always fallen along red and blue state lines. Constitutional amendments banning same-sex marriage have passed in several blue states including Oregon, Maine and California.
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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 7:14:53 PM   
YSG


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Status: offline 		Eh, it'll be struck down on the 14th Amendment when California's Prop 8 reaches the Supreme Court. Just another redneck jesusland state.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 7:30:44 PM   
dcnovice


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"If a bullet should enter my brain, let that bullet destroy every closet door... And that's all. I ask for the movement to continue. Because it's not about personal gain, not about ego, not about power... it's about the "us's" out there. Not only gays, but the Blacks, the Asians, the disabled, the seniors, the us's. Without hope, the us's give up - I know you cannot live on hope alone, but without it, life is not worth living. So you, and you, and you... You gotta give em' hope... you gotta give em' hope." --Harvey Milk

"The work goes on, the cause endures, the hope still lives and the dreams shall never die." -- Ted Kennedy

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 7:33:57 PM   
subrob1967


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Status: offline 		If NYC, Chicago & SF can ignore the second amendment, I really don't have a problem with NC ignoring another state's laws... Most states ignore California's medical marijuana laws, I don't see a difference with marriage laws.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 7:49:05 PM   
dcnovice


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quote:

I really don't have a problem with NC ignoring another state's laws... Most states ignore California's medical marijuana laws, I don't see a difference with marriage laws.


The difference that arises for me is whether a couple married in one state would become "unmarried" by moving to another. I could also see challenges--in terms of, say, benefit plans--for companies that operate in different states.

< Message edited by dcnovice -- 5/8/2012 7:50:11 PM >

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 8:24:20 PM   
farglebargle


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Status: offline 		I imagine that the attorneys working with human resources at Bank of America, headquartered in North Carolina but with key personnel LEGALLY MARRIED in New York are going insane right about now assessing their risk.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 10:06:53 PM   
SternSkipper


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quote:

Most states ignore California's medical marijuana laws


Ummm YEAH... Especially since no Califorians are going into other states insinuating their medical marijuana permits are of any consequence in the state they are visiting.

Marriage laws are FAR different than most other areas of law in that they effect inheritance and ownership of property.
What a bizarre set of comparative legal circumstances those were.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 10:09:30 PM   
SternSkipper


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quote:

I imagine that the attorneys working with human resources at Bank of America, headquartered in North Carolina but with key personnel LEGALLY MARRIED in New York are going insane right about now assessing their risk.


GOOD ... Given who the employer is and the 'services' they have performed ON the middle class I hope BOA employees walk in tomorrow morning to a bunch of exploded lawyer heads.


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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 10:38:10 PM   
Real0ne


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quote:

ORIGINAL: kalikshama

What are the ramifications of NC not recognizing same sex marriages and civil unions from other states?




absolutely ZERO if you understand law.




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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 10:43:24 PM   
Mupainurpleasure


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Status: offline 		It will get tossed but at least it ends the pretense that the issue with conservatives is the word marriage. I would think the economic backlash for NC is comng. It isnt just marriages its the civil unions. I sure wouldnt by anything that came froim the goober Pyle state now. That's what amazes me it says there can be no legitimate gay relationship.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/8/2012 10:44:20 PM   
Real0ne


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quote:

ORIGINAL: subrob1967

If NYC, Chicago & SF can ignore the second amendment, I really don't have a problem with NC ignoring another state's laws... Most states ignore California's medical marijuana laws, I don't see a difference with marriage laws.



quote:

Article IV.
Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.



and


quote:



IMPAIRING THE OBLIGATION OF CONTRACTS. The Constitution of the United States, art. 1, s. 9, cl. 1, declares that no state shall "pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts."

2. Contracts, when considered in relation to their effects, are executed, that is, by transfer of the possession of the thing contracted for; or they are executory, which gives only a right of action for the subject of the contract. Contracts are also express or implied. The constitution makes no distinction between one class of contracts and the other. 6 Cranch, 135; 7 Cranch, 164.

3. The obligation of a contract here spoken of is a legal, not a mere moral obligation; it is the law which binds the party to perform his undertaking. The obligation does not inhere or subsist in the contract itself, proprio vigore, but in the law applicable to the contract. 4 Wheat. R. 197; 12 Wheat. R. 318; and. this law is not the universal law of nations, but it is the law of the state where the contract is made. 12 Wheat. R. 213. Any law which enlarges, abridges, or in any manner changes the intention of the parties, resulting from the stipulations in the contract, necessarily impairs it. 12 Wheat. 256; Id. 327; 3 Wash. C. C. Rep. 319; 8 Wheat. 84; 4 Wheat. 197.

4. The constitution forbids the states to pass any law impairing the obligation of contracts, but there is nothing in that instrument which prohibits Congress from passing such a law. Pet. C. C. R. 322. Vide, generally, Story on the Const. Sec. 1368 to 1891 Serg. Const. Law, 356; Rawle on the Const. h.t.; Dane's Ab. Index, h.t.; 10 Am. Jur. 273-297.



_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to subrob1967)
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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 12:21:47 AM   
erieangel


Posts: 2237
Joined: 6/19/2011
Status: offline 		On Sunday, Biden came on supportive of gay marriage.

On Monday, the Secretary of Ed. came out supportive of gay marriage.

Today, Biden was unapologetic about what he'd said on Sunday.

Obama continues to "evolve" on the issue, but he has been the most gay rights president ever.

If we don't see national legalization of gay marriage in an Obama 2nd term, we will see it with the next democratic president.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 11:09:37 AM   
lovmuffin


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quote:

ORIGINAL: YSG

Eh, it'll be struck down on the 14th Amendment when California's Prop 8 reaches the Supreme Court. Just another redneck jesusland state.



Ya can't really say that for sure. I would bet the decision would hinge on Justice Kennedy.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 11:16:51 AM   
lovmuffin


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quote:

ORIGINAL: erieangel


Obama continues to "evolve" on the issue, but he has been the most gay rights president ever.

If we don't see national legalization of gay marriage in an Obama 2nd term, we will see it with the next democratic president.



I'm sure if he were to get elected again his evolution would complete. It's just like his message to Dr Strangeglove, "This is my last election, After my election, I have more flexibility.”


< Message edited by lovmuffin -- 5/9/2012 11:27:50 AM >

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 11:33:59 AM   
Hillwilliam


Posts: 19394
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Status: offline 		I agree that large companies that have offices in multiple states are looking at an expensive legal nightmare.

If XYZ corp that is based in a state that recognizes gay marriage transfers a married gay employee to their Raleigh/Durham office, can they now cut the employee's partner out of the employee benefits program and will they be sued by said employee if they do?

Fucking nightmare.

< Message edited by Hillwilliam -- 5/9/2012 11:36:26 AM >

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 4:58:31 PM   
dcnovice


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Well, this morning my view of Amendment One brightened considerably as I realized the weight-loss potential inherent in it. Moving to North Carolina, I'd be just three-fifths of the person I am now!

_____________________________

No matter how cynical you become,
it's never enough to keep up.

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 5:02:16 PM   
mnottertail


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Status: offline 		4. The constitution forbids the states to pass any law impairing the obligation of contracts, but there is nothing in that instrument which prohibits Congress from passing such a law. Pet. C. C. R. 322. Vide, generally, Story on the Const. Sec. 1368 to 1891 Serg. Const. Law, 356; Rawle on the Const. h.t.; Dane's Ab. Index, h.t.; 10 Am. Jur. 273-297.


and by god its been did, we had a civil war over it stateside. 

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 5:48:25 PM   
thompsonx


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quote:

ORIGINAL: subrob1967

If NYC, Chicago & SF can ignore the second amendment, I really don't have a problem with NC ignoring another state's laws... Most states ignore California's medical marijuana laws, I don't see a difference with marriage laws.


You,who variously claim to be a cop and claim not to be a cop; well if you were a cop would you enforce the laws of your country or not?

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 6:04:46 PM   
dcnovice


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Can't resist sharing two quotes I came across while researching a post for another site. (I really do need a hobby.)

"Gay and lesbian people have families, and their families should have legal protection, whether by marriage or civil union. A constitutional amendment banning same-sex marriages is a form of gay bashing and it would do nothing at all to protect traditional marriages." -- Coretta Scott King

"I am proud that in South Africa, when we won the chance to build our own new constitution, the human rights of all have been explicitly enshrined in our laws. My hope is that one day this will be the case all over the world, and that all will have equal rights. For me this struggle is a seamless robe. Opposing apartheid was a matter of justice. Opposing discrimination against women is a matter of justice. Opposing discrimination on the basis of sexual orientation is a matter of justice." -- Desmond Tutu




_____________________________

No matter how cynical you become,
it's never enough to keep up.

JANE WAGNER, THE SEARCH FOR SIGNS OF
INTELLIGENT LIFE IN THE UNIVERSE

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RE: Amendment One North Carolina: Anti-Gay Marriage Mea... - 5/9/2012 6:11:49 PM   
mnottertail


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Status: offline 		Guess you wont be doing the old traditional yachting of the River Dunes until after the election then?

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